Legal Question in Constitutional Law in California

County Sheriffs and states immunity

a new ruling was made possibly in the levy court US district court eastern district of california, stating

that the sheriff is not immune to suit,based upon his being a state officer, the new ruling stated that he is in fact a county officer and liable as a county actor. i need the title of this case and the subsequent case citations in order to begin my research.


Asked on 1/04/02, 11:56 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: County Sheriffs and states immunity

I think you are referring to the case of Brewster v. Shasta County. It is a Ninth Circuit case decided last summer in which the court said that a county sheriff was acting as a county official when investigating crime and not as a state actor. Therefore, the county could be liable in a 1983 action for the sheriff's unconstitional policy. This case did originate in the Eastern District. It should be the one you are looking for.

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Answered on 1/04/02, 4:58 pm


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